HHS clarifies that pharmacists are authorized to administer COVID-19 testing despite state law

NCPA
May 20, 2020

On May 19, HHS' Office of General Counsel released an advisory opinion clarifying that pharmacists are authorized to order and administer FDA-authorized COVID-19 tests in states where they are not be authorized to do so. To the extent a state expressly does not allow pharmacists to administer this testing, the Public Readiness and Emergency Preparedness Act preempts those state laws and expands the authority of pharmacists to order and administer this testing during this emergency period. Although the advisory opinion is not legally binding, it is a valuable tool that empowers pharmacists to order and administer testing during the COVID-19 public health emergency. Please see NCPA's member summary for more information.